You know that obtaining written informed consent is vital to avoiding lawsuits, but do you know where the legal vulnerabilities actually lie? Understanding three common types of informed consent lawsuits will help you audit your own processes so you can stay out of court. The doctrine of informed consent requires healthcare providers to inform patients of the risks, benefits, and alternatives of a proposed treatment. Legally, patients must have firsthand knowledge of their treatment options and the likely consequences of
Just because your peers feature before-and-after photos in their marketing doesn’t mean that it’s legally compliant. Learn the risks of sharing patient photos and how you can stay on the right side of HIPAA and your state laws. Testimonials from real patients are some of the most compelling marketing tools available. For that reason, and because of the ubiquity with which potential patients ask about your results, it is common for your success stories to adorn your dermatology or cosmetic
Physician referrals are great for business, but they can also bring prohibited conflicts of interest. Get to know Stark Law and learn how to avoid putting your medi-spa at risk. An essential legal concern while operating, or first establishing, medical spas or integrative medicine facilities entails anti-kickbacks, self-referring clients, and fee-sharing with outside parties. Laws forbidding ill-gotten financial gains by physicians and physical therapists can be easily violated without willful intent. Section 1877 of the Social Security Act (42 U.S.C.
On July 12, 2018, the Centers for Medicare and Medicaid (CMS) issued its annual proposed Medicare Physician Fee Schedule for 2019. Several key changes are included in this proposal, the most exciting of which is a requirement that physicians are paid for their time when they contact Medicare beneficiaries via telephone or other telecommunications channels to learn more about whether the patient requires an in-office visit or other procedure. Review the key takeaways from CMS’ 2019 proposed physician payment rule
As a physical therapist, you may have been offered money or gifts in exchange for referrals. Perhaps you have considered offering a referring physician money or gifts in exchange for a referral. If you are not yet familiar with laws relating to giving and receiving money in exchange for referrals, make sure you educate yourself about your ethical requirements and contact an attorney at Jackson LLP if you have any questions or doubts about the legality of your actions. Giving
The Anti-Kickback Statute prohibits individuals and entities from offering anything of value, whether cash or otherwise, in exchange for any federal healthcare program business. Federal healthcare programs include Medicare, Medicaid, Tricare, Department of Labor health programs, and more. Any violations of the Anti-Kickback Statute (AKS) can result in civil fines, criminal penalties, and program removals. As such, it is important that psychiatrists abide by the Anti-Kickback Statute by ensuring that an experienced healthcare attorney reviews all of their new or
Many Illinois doctors and healthcare providers do not take the time to review their existing employment contracts before leaving to start a new practice. This can be problematic if these contracts contain restrictive covenants, or “noncompete” provisions. Indeed, many doctors think they can simply ignore a noncompete agreement, set up shop across the street from their former hospital or practice group, and continue to treat their existing patients. When are Noncompete Agreements Permitted in Illinois? The reality is that healthcare
#1 – Review the books. Personally evaluate all liabilities and assets. This helps you understand how much business is necessary to sustain the practice, how adequately (or inadequately) employees are compensated, whether patient accounts are sent to collections, and whether the practice is something in which you want to invest. With the books in front of you, ask yourself how you will grow the business. Will you hire more providers, contract with more insurance companies, or switch-up the practice model?
Can a chiropractor hire a physical therapist? This question might seem simple, but it implicates a complex array of federal and state laws. As healthcare practices continue to consolidate and merge, it’s also a question that we’re asked frequently. Each client and each situation are different, and this post isn’t a substitute for personalized legal advice, but these are some of the questions we ask as we guide a chiropractor through this process. Check it out, and schedule your free